The Insurance Company says my file is closed. Does that mean my case is over?

Today Attorney Ben Schwartz will answer a quick viewer question regarding File Closed, Case Over. It is a very frequent question that gets asked to personal injury attorneys. This question is from Rod in Dover Delaware, he says the insurance company says my file is closed, is that it? Is the case over?

The Insurance Company says my file is closed. Does that mean my case is over?

Hi, I’m Attorney Ben Schwartz,

Today, we are going to answer a quick viewer question. It is a very frequent question that gets asked to personal injury attorneys. This question is from Rod in Dover, Delaware, he says the insurance company says my file is closed, is that it? Is the case over? Let me just give you a little context on how this comes up. A lot of times, people get injured in a car accident and their auto insurance pays their medical bills and lost wages. And as they are recovering from their injuries the insurance companies paying those medical bills the insurance companies paying those lost wages.

So what happens sometimes, as people get to the point where they do not think they need any further medical treatment, they stop going to the doctor. A month later, or two months later, the injuries are not doing as well as they were and they go back to the doctor for more physical therapy or they go get more chiropractic treatment. If at that point, when they go to the insurance company to get payment for those bills, the insurance company says we are not paying for this, the file is closed. Sometimes they leave it go, sometimes they submit it to their health insurance, sometimes they go to their lawyer and they say, what is this all about? The insurance company is telling me my file is closed.

If an insurance company is telling you your file is closed, that does not mean anything. That is insurance company gobbledygook. What it means is that the insurance adjuster has marked the file as closed, and it is off her desk. It does not mean that you cannot get your bills paid. It does not mean that you cannot make a claim. It does not mean that anything is over, the fact they arbitrarily decided their file is closed. What it is, is a barrier. Everything in insurance is a numbers game.

If there are a million people a year making claims, and a million people a year are told the file is closed. Well, guess what? Something like ten thousand out of those million claimants are just going to throw their hands in the air and go away and leave it be, because they have been told by the insurance company the file is closed. So what it is, is just a false barrier to prevent you from getting your claim paid. What you need to do if you are told that the file is closed, is to send a letter to the adjuster. I would say certified mail, return receipt requested, or send it by fax and keep the fax receipt. Do it in a manner where you can prove that the letter was sent and received.

In this letter, you need the adjuster to open my file and pay my claims. If you are not going to pay the claims, give me something in writing and give me a legal basis for not paying the claims. You will know there are legal reasons why an insurance company would not pay otherwise valid claims. Maybe the insurance coverage ran out, but get it in writing. The fact that an insurance claims adjuster tells you over the phone that the file is closed, that does not mean anything.

I hate to give the impression that I am ranting and raving about insurance companies behaving badly. I swear to God, if insurance companies just did the right thing and paid valid claims and denied the claims that they had a legal basis to deny, there probably would not be any reason for personal injury lawyers to exist. You know, it just seems to me that a lot of what we do is counteracting the bad behavior of these insurance companies. They are supposed to be paying valid personal injury claims.

I’m Attorney Ben Schwartz. I hope you found this video informative and interesting. If you have a question you would like me to answer in video format, send me an e-mail below.

Thanks for watching and have a great day.

The Insurance Company says my file is closed. Does that mean my case is over?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Help! My Tools are Missing after a Car Accident

In this video, Attorney Ben Schwartz assures a viewer that he is not at fault for tools missing from his work truck after an accident.

Help! My Tools are Missing after a Car Accident

Hi I’m Attorney Ben Schwartz,

Today we are going to answer a viewer question from Michael in Wilmington, Delaware. Michael writes in and says tools went missing from my work truck after an accident. I rolled the truck and the accident was not my fault. The tools were either lost when the truck rolled, or they were stolen at the tow yard, or by the towing company. Now my employer wants to dock my wages for the cost of the tools. Is that right? The answer is no! The accident was not your fault and after the accident, let’s say you go to the hospital in an ambulance, you are not in control of the tools at that point. If they go missing, that is not your fault.

If you did not do anything wrong, you were not careless, you were not negligent and the tools went missing, it is not your fault. Your employer has no reason to dock your wages to pay for the tools; that is not appropriate. We ought to write them a letter and tell them you are not going to pay them back.

Now, who should pay for the tools? If the accident was another driver’s fault, that driver is responsible for all the damages that flow from the accident. That driver’s insurance company should be paying for those tools. If there was not another driver who is at fault then perhaps the auto insurance on your vehicle should be paying for the replacement of the tools, for the fair market value of the tools that went missing. This is not your fault. You did not cause the accident. You are not responsible for losing the equipment, or losing the tools, and therefore it is not appropriate to dock your wages.

I’m Attorney Ben Schwartz. If you have a question for me that you would like answered on the internet like this, in a video format, send me an email below and let me know.

Thanks for watching, I appreciate you.

Help! My Tools are Missing after a Car Accident

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Can My Spouse Own A Gun If I Am A Convicted Felon?

Attorney Ben Schwartz answers a viewer question about owning guns and living with a convicted felon.

Can My Spouse Own A Gun If I Am A Convicted Felon?

Hi I’m Attorney Ben Schwartz,

We have a viewer question today from Jenna. I don’t know the town or city, but Jenna asks if the wife was convicted of a felony and the husband is an avid hunter, can the wife still live in the house with guns after becoming a convicted felon who cannot possess firearms? The question is, if you are convicted of a felony, at least in Delaware, I can speak to this question from a Delaware law perspective. If you are convicted of a felony and you are living in Delaware and your husband has guns in the home, you are asking for trouble.

As a convicted felon you cannot own or possess a firearm. Even though the firearms may not be yours, if you are residing in the household with those firearms then arguably you are possessing them. If they are available to you, if you could go and get them, then that is, under Delaware law, considered possession. If you are convicted of a felony and you are residing in the home where there are weapons, I would encourage you to have a discussion with your husband about getting the firearms out of the home. You never know what is going to happen.

Here is my perspective from being a lawyer. People come into my office every week and usually when they come to us, it is because something happened that they never expected to happen. As a lawyer people are not coming to me because something happened that they planned out and when it did happen they said, “Oh yeah, we expected that, let’s go see Ben Schwartz”. People get a lawyer because something unexpected happened and now there are consequences and they need the lawyer to help them deal with the consequences. From my perspective, I would be concerned if I were convicted of a felony and I were residing in a household with firearms. I would be thinking what happens if someone down the street robs a bank and they run into my house and the police follow them. If the police come in and they see the firearms, I am going to get a new felony for possession of firearms.

These are the types of things that bring people into lawyer offices and these are the types of things that we see happening all the time. So I would say, if you are residing in a household, and you have been convicted of a felony, you have lost the right to own or possess a firearm. You’ve got to get the firearms out of the house or you have got to get out of the house. One way or the other, you cannot be together in the same home. Even if they are locked up in a safe, you are still running the risk that if the police come in and find out about this, you are going to be charged with new felonies. I would not take that risk and I would not encourage you to take that risk.

I hope this has answered your question. If you have questions for me about any matter of Delaware law or Maryland law, I am admitted to practice law in the state of Delaware and in the state of Maryland. We have attorneys in the office that are admitted to practice in New Jersey and Pennsylvania too. If you have a question about the law in one of these states feel free to send me an email below.

Thanks for watching!

Can My Spouse Own A Gun If I Am A Convicted Felon?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Insurance Companies Behaving Badly

Today’s video is a warning about insurance companies behaving badly.

Insurance Companies Behaving Badly

Hi, I am Attorney Ben Schwartz,

Today I want to give you a warning about insurance companies behaving badly. You know, as a personal injury attorney, representing people in things like auto accidents and personal injury cases, I see a lot of bad behavior from insurance companies. Wonders never cease, if it is not one thing it is another. There must be some very creative people working for insurance companies, because they are always coming up with some new way to take advantage of people that don’t know any better.

So what I want to talk about today is the most recent thing that I have heard of and it is called a verbal release, or a verbal settlement. I have done videos where I have said, if you are injured in an accident you need to be careful, because you might get injured in the accident, go to the hospital or go home, and when you get home you find some insurance claims representative waiting for you with a check. This is going to be somebody who is going to be very friendly, and assure you they want to help you out. They will want to pay you some money and they pay you $500 or $800 or even $1000 in return for signing a form. When you go to an attorney later, you find out that form was a release and you have given up your claims. Now they are taking that a step further. It has come to me that one local insurance company for auto accident cases, is now calling people up and getting their consent to settle over the phone; they call them up and read them the release, they tape record it. They get the person to consent to the release over the phone and then send them a check.

When the person goes to an attorney because they are truly injured and they don’t know what to do, then we find out the insurance company has done this. The insurance company’s position is, we are not paying any more on this and we consider the matter closed. So, I just want to tell you if you are injured in an accident and the at-fault driver’s insurance company calls you up. You should not consent to anything on the phone. In fact, I would take it a step further, and say you should not even talk to them over the phone. You should go to a qualified personal injury attorney in that jurisdiction in the state where you live, or in the state where the accident happened and find out about your legal rights before you deal with the at-fault driver’s insurance company. This is my tip of the day, hopefully you have not been in an accident, hopefully you’re not going to be in an accident, but it happens. If you know someone that has been in an accident share this video with them because their legal rights may be the legal rights that you save by informing them about this bad insurance practice.

I’m attorney Ben Schwartz, send me an email below. Thanks for watching, send me an email if you have a question about personal injury law, car accidents, dog bites, or slip and fall, these are the type of things that we do. If you have a question that you would like answered in video format send me an email ben dot schwartz @ schwartz and schwartz dot com.

Thanks for watching!

Insurance Companies Behaving Badly

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Parental Responsibility

Today we are going to answer a question from a viewer. “If another kid beat my kid up, what is the parental responsibility?”

Parental Responsibility

Hi, I’m Attorney Ben Schwartz,

Today, I am going to answer a viewer question from someone who wishes to remain anonymous in Dover, Delaware and this question is about parental responsibility.

The question is, if another kid beat my kid up, can I hold his parents legally responsible? The answer is, it depends on the facts and circumstances of the particular case, but generally no. Generally, the parents are not legally responsible or liable for the negligence or the bad acts of their children, unless the parents themselves have negligently acted. The parents may be responsible if they have somehow instigated the bad act or fight. In other words, if the parent of the child told the child to go beat up your kid, that would be one thing, but if the parent of the child was at work and their kid beat up your kid, then they are not going to necessarily have any legal responsibility for your kids’ medical bills or pain and suffering, or damages of that nature.

There are exceptions to this rule, so I’ll give you an example of an exception. If you are the parent of a minor child who gets a driver’s license and you sign the driver’s license application, you may be held responsible. If the minor child is involved an accident, the negligence they caused in a car accident, or if they injure someone, you may be held responsible for the injuries from that car accident. The reason is, because in Delaware, when you sign the license application for your minor child, you sign an agreement to be held legally responsible for any injuries that they create through their negligence. So generally speaking, parents are not responsible, but in particular situations they may find themselves to be responsible.

I hope you found this video to be helpful. If you have questions you would like answered on the internet, use the form below to send me an email. Thanks for watching!

Parental Responsibility

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

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